JustPlan Italy

Italian Citizenship Got a Major Update: What to Know

Dreaming of reconnecting with your Italian roots and claiming your heritage? For many, Italian citizenship by descent (jure sanguinis) has been a clear path. However, a significant new change just dropped, and it could impact your journey.

On March 28, 2025, Italy introduced Decree-Law No. 36, an emergency measure that immediately reshapes the landscape of Italian citizenship. This isn’t just a minor tweak; it’s a major shift that could affect countless individuals, especially those of Italian-American heritage.

Image of a flag over the Vittoriano in Rome

 

The Big News: Tightening the Family Tree

The most impactful change? The new law significantly tightens eligibility for citizenship by descent. While previously you might have traced your lineage back through a great-grandparent, that pathway is now generally closed.

Here’s the core of it:

  • Gone are claims through great-grandparents. The new law generally restricts automatic recognition of citizenship to individuals with at least one Italian parent or grandparent born in Italy.
  • The focus is now on more direct generational ties. Specifically, citizenship claims are largely confined to within two generations, requiring either a parent who resided in Italy for at least two consecutive years or an Italian-born grandparent. This aims to establish a more “effective bond” with Italy.
  • This urgent decree-law means applications submitted after March 28th must adhere to these new, stricter stipulations.
 
What Does This Mean for Your Application?

If you were planning to apply, or already in the process, here’s what you need to know:

  • Temporary Processing Suspension: The Ministry of Foreign Affairs has temporarily suspended citizenship application processing due to overwhelming demand and backlogs. This adds another layer of uncertainty for both current and prospective applicants.
  • Final: The decree-law has been converted into ordinary law by Parliament on May 26th after the final green light for the conversion given by the Chamber of Deputies on May 20th.

 

Is There Still Hope? Exploring Your Options

Don’t despair! While the door to some claims has closed, other avenues might still be open:

  • The “1948 Cases” Live On: Claims through the maternal line (for children born before January 1, 1948, to an Italian mother who could not transmit citizenship) remain a viable pathway and must be pursued through the Italian court system.
  • Applying Directly to the Italian Court. Due to the often excessive wait times for appointments at Italian Consulates abroad (sometimes extending beyond the legal two-year processing limit), many applicants, even those not falling under the 1948 rule, are increasingly choosing to pursue their citizenship recognition directly through the Italian court system. This route, often referred to as a “denial of justice” lawsuit, does not require you to reside in Italy. You will need to demonstrate that you’ve genuinely tried to secure a consular appointment but have been unable to do so within a reasonable timeframe.
  • Seeking Judicial Review for Recent Changes: If you can prove you were unable to secure an appointment to submit your application under the old rules before the March 28th deadline, you might be able to petition Italian courts to have your case processed under the previous, more lenient framework.
  • Legal Challenges on the Horizon: Expect legal challenges to the new law. Italy’s Constitutional Court is set to begin weighing in on related constitutional issues, and further reviews of Decree-Law No. 36 could potentially reshape parts of this new legislation.

 

What Should You Do Now? Navigating Your Italian Dream with JustPlan Italy

This is a rapidly evolving situation. If you’re considering Italian citizenship, it’s more crucial than ever to:

  • Gather all your necessary documents immediately, ensuring they are complete, legalized with apostilles, and translated into Italian.
  • Explore all your options, especially the judicial route, potentially through legal consultation with experts specializing in Italian citizenship law. They can help determine your eligibility under the new rules and guide you through the complex court process if necessary.

While JustPlan Italy primarily helps you make your Italian dream come true through real estate properties, authentic experiences, and luxury on-demand services, understanding your path to citizenship can be a vital part of fully embracing your Italian heritage. While JustPlan Italy itself doesn’t directly offer citizenship services, we can be an invaluable partner once your citizenship is recognized, helping you seamlessly transition to exploring, living, or investing in Italy. They can help you plan your visits to Italy for legal procedures, arrange accommodation, or assist with long-term relocation once your citizenship is secured.

The landscape of Italian citizenship by descent has just shifted. Staying informed and acting strategically will be key to navigating these new changes and truly unlocking your Italian future!